Disclaimer
These guides do not in any way represent legal advice.
All guides are produced as a 'layperson' and 'informed friend'.
 
 
  Non-Molestation Guide  
 
 
 
 
 
Who can apply for a Non-Molestation Order?
 
 
 
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Who can apply?

You can usually apply if you are a victim of domestic violence and the person you want to be protected from ('the respondent') is:

  • someone you are having or have had a relationship with.
  • a family member.
  • someone you are living or have lived with.

A person under the age of 16 will need permission to the High Court to apply.

In detail:

Husband, wife, civil partner or other relationship

  • husband, wife or civil partner
  • former husband, former wife or former civil partner
  • fiancé, fiancée or proposed civil partner
  • former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago
  • boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than 6 months

If you were engaged to or had agreed to form a civil partnership with the respondent, you’ll need to provide evidence, such as a ring or statement from a witness who attended a ceremony or celebration.

Family Member

You can apply if the respondent is a close family member, for example a parent, brother, sister, aunt or uncle.

People who have parental responsibility for your child or grandchild.

You can apply if you have a child or grandchild and the respondent is the child’s parent or person you share parental responsibility with.

If your child (or grandchild) has been adopted, you can also apply to get an injunction against their:

  • adoptive parent
  • anyone who has applied to adopt them
  • anyone the child has been placed with for adoption

You can also apply for an order against the child or grandchild if they’ve been adopted.